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    Jarco Marketing Corporation VS Ca

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    Rhea Calabines
    This case involves a wrongful death claim filed by respondents against petitioners for damages arising from the death of their 6-year old daughter Zhieneth in Syvels Department Store. Zhieneth was pinned and killed by the store's falling gift-wrapping counter while her mother was signing a credit card slip nearby. The trial court ruled in favor of petitioners, finding Zhieneth's actions as the proximate cause. The Court of Appeals reversed, finding the store negligent and absolving the mother of negligence. The Supreme Court affirmed, applying the presumption that children under 9 are incapable of contributory negligence, and ruled Zhieneth's death was due to negligence, not an accident, as the store failed to exercise due

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    Jarco Marketing Corporation VS Ca

    Uploaded by

    Rhea Calabines
    28 views2 pages
    This case involves a wrongful death claim filed by respondents against petitioners for damages arising from the death of their 6-year old daughter Zhieneth in Syvels Department Store. Zhieneth was pinned and killed by the store's falling gift-wrapping counter while her mother was signing a credit card slip nearby. The trial court ruled in favor of petitioners, finding Zhieneth's actions as the proximate cause. The Court of Appeals reversed, finding the store negligent and absolving the mother of negligence. The Supreme Court affirmed, applying the presumption that children under 9 are incapable of contributory negligence, and ruled Zhieneth's death was due to negligence, not an accident, as the store failed to exercise due

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    4. JARCO MARKETING CORPORATION VS CA

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    This case involves a wrongful death claim filed by respondents against petitioners for damages arising from the death of their 6-year old daughter Zhieneth in Syvels Department Store. Zhieneth was pinned and killed by the store's falling gift-wrapping counter while her mother was signing a credit card slip nearby. The trial court ruled in favor of petitioners, finding Zhieneth's actions as the proximate cause. The Court of Appeals reversed, finding the store negligent and absolving the mother of negligence. The Supreme Court affirmed, applying the presumption that children under 9 are incapable of contributory negligence, and ruled Zhieneth's death was due to negligence, not an accident, as the store failed to exercise due

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    28 views2 pages

    Jarco Marketing Corporation VS Ca

    Uploaded by

    Rhea Calabines
    This case involves a wrongful death claim filed by respondents against petitioners for damages arising from the death of their 6-year old daughter Zhieneth in Syvels Department Store. Zhieneth was pinned and killed by the store's falling gift-wrapping counter while her mother was signing a credit card slip nearby. The trial court ruled in favor of petitioners, finding Zhieneth's actions as the proximate cause. The Court of Appeals reversed, finding the store negligent and absolving the mother of negligence. The Supreme Court affirmed, applying the presumption that children under 9 are incapable of contributory negligence, and ruled Zhieneth's death was due to negligence, not an accident, as the store failed to exercise due

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    JARCO MARKETING CORPORATION, LEONARDO KONG, JOSE TIOPE and ELISA PANELO vs.

    HONORABLE
    COURT OF APPEALS, CONRADO C. AGUILAR and CRISELDA R. AGUILAR
    G.R. No. 129792. December 21, 1999

    FACTS: When respondent Criselda was signing her credit card slip at payment and verification counter in
    Syvels Department Store in Makati, she felt a sudden gust of wind a heard a loud sound. She looked
    behind her and saw her daughter Zhieneth (6 years old) on the floor pinned by the bulk of the stores
    gift-wrapping counter.

    She was rushed to the hospital but died after 14 days. Private respondents filed a complaint for
    damages.

    Petitioners on the other hand, denied any liability imputing the negligence to Criselda for allowing her
    daughter to roam freely in the department store. Alleging further, that the deceased committed
    contributory negligence when she climbed the counter. Also herein petitioners defense is that they have
    exercised due diligence of a good father of a family in the selection, supervision and control of their
    employees.

    Trial Court favored petitioners, contemplating that Zhieneth’s action is the proximate cause of the
    accident.

    CA favored respondents on it declared that ZHIENETH, who was below seven (7) years old at the time of
    the incident, was absolutely incapable of negligence or other tort. It reasoned that since a child under
    nine (9) years could not be held liable even for an intentional wrong, then the six-year old ZHIENETH
    could not be made to account for a mere mischief or reckless act. It also absolved CRISELDA of any
    negligence, finding nothing wrong or out of the ordinary in momentarily allowing ZHIENETH to walk
    while she signed the document at the nearby counter.

    ISSUE:
    1. Whether or not Zhieneth was guilty of contributory negligence.
    2. Whether or not the death of ZHIENETH was accidental or attributable to negligence.

    HELD:
    1. NO, anent the negligence imputed to ZHIENETH, we apply the conclusive presumption that
    favors children below nine (9) years old in that they are incapable of contributory negligence

    In our jurisdiction, a person under nine years of age is conclusively presumed to have acted
    without discernment, and is, on that account, exempt from criminal liability. The same
    presumption and a like exemption from criminal liability obtains in a case of a person over nine
    and under fifteen years of age, unless it is shown that he has acted with discernment.

    2. NEGLIGENCE.

    An accident pertains to an unforeseen event in which no fault or negligence attaches to the


    defendant negligence is the omission to do something which a reasonable man, guided by those
    considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of
    something which a prudent and reasonable man would not do.
    We rule that the tragedy which befell ZHIENETH was no accident and that ZHIENETHs death could
    only be attributed to negligence.

    Part of res gestae. Statements made by a person while a startling occurrence is taking place or
    immediately prior or subsequent thereto with respect to the circumstances thereof, may be
    given in evidence as part of the res gestae. So, also, statements accompanying an equivocal act
    material to the issue, and giving it a legal significance, may be received as part of the res gestae.

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